« The suspension of the examination of asylum applications is a violation of international law »

Just a few kilometres from Lebanon and Syria, Cyprus has seen an increase in the number of Syrian exiles arriving by boat directly on its coasts in recent months. In spite of a stable total number of asylum seekers, the Cypriot government reacted to these more visible arrivals by announcing tougher reception conditions for asylum seekers in the country. 

Corina Drousiotou, coordinator and legal adviser at the Cyprus Refugee Council, sheds light on the situation in Cyprus and the impact of recent government measures on asylum seekers.

Since the beginning of 2024, Cyprus has seen an increase in the number of migrants arriving on its territory, particularly Syrian exiles fleeing the war. How has the Cypriot government responded to this situation?  

The high numbers in arrivals of migrants actually peaked in 2022. In 2023 the number of arrivals were half of those in 2022, and in 2024 the numbers were similar to 2023. The number of arrivals in February was actually lower compared to last year.

What has actually changed is the country of origin and the mode of arrival. Traditionally, refugees have arrived through areas in the north of the island: this was originally the case for 90% of them. What happened in the beginning of 2024 is that for the first time, most people were coming by boat, directly on the coast. These arrivals are more visible to the public. Another change that we witnessed is a decrease of people coming from African countries last year.

In response to the increase in arrivals by boat, the government has taken action. But these measures were taken without much consultation or preparation. Rather than considered measures, they appear to be panic moves, probably rushed into adoption because of the upcoming local and European elections.

What government measures are currently causing difficulties for Syrian asylum seekers in Cyprus?

In the face of these arrivals, the government announced measures targeted only to Syrian asylum seekers. It includes the suspension of the examination of their asylum applications.

Under the previous government, such a measure had already been taken. It was not publicly declared but was obvious looking at the statistics. As a result of this past measure, we now have people who have been waiting for the examination of their application for well over 21 months, which is the maximum time authorised by the EU directive [on common procedures for granting and withdrawing international protection]. Some people have been waiting for three years.

Another measure that has been taken is that Syrian asylum seekers will be given the choice of either staying in reception centres or leaving them, but if they leave, which include a rental and subsistence allowance, and will not receive any help.

A previous measure that was taken at the end of 2023 is the extension of the waiting period for the right to work, from one month after applying for asylum to nine months. These measures will have a big impact on the Syrian community, which has a successful record of effectively integrating into the work force, leaving them in a difficult situation.

What problems do the government’s decisions pose in light of international law?

The suspension of the examination of asylum applications is a violation of international law as it prevents access to international protection. It violates the right to asylum, enshrined in the Charter of Fundamental Rights of the European Union (EU).

Cyprus has also called on the EU to reassess the situation in Syria, and wants the country, or some of its regions, to be recognised as a safe place. But there has been no decision considering Syria a safe place yet. Such a decision was not taken multilaterally, and it is not up to Cyprus alone to decide whether Syria can be considered a safe country or not, and to suspend the examination of asylum applications.

Moreover, there is the question of pushbacks. The Cyprus government in one day pushed back 5 boats, arriving either from Syria or Lebanon. This is also a violation of international law.

What effect do you think these measures will have on the arrivals of people seeking asylum?

There was a drop in arrivals, as no boats have arrived since then. But we will see if this will continue. We expect the route of arrival to come back to the areas in the north of the island.

These measures limit the possibility of asylum seekers to work, to integrate, so it has created unrest among these communities.

What is the Cyprus Refugee Council doing to address this situation?

On this situation, we are planning strategic litigation, especially on the suspension of the examination of asylum applications, but also on the limitation of the reception conditions.

There is a lot of discussions on whether the country can put up with the arrivals, but in view of the actual needs of the country for people to work, the government should find solutions that would be beneficial for both communities.

Pour lire cet article en français : https://www.vuesdeurope.eu/la-suspension-de-lexamen-des-demandes-dasile-est-une-violation-du-droit-international/